Allowed

Priya Jogi v. Mrs Sangitha Sanjay Sarnik

Karnataka HC28 Mar 2024MFA/4978/2015

Case brief

AI extract

What is this about?

Claimant appealed for enhancement of motor accident compensation. The court recomputed loss of future income using the Legal Services Authority chart (Rs.7,000/month, multiplier 18, 3% disability), enhanced laid-up period loss and added loss of amenities, awarding Rs.37,770/- enhancement with 6% interest.

What did the court decide?

Enhanced compensation of Rs.37,700/- with 6% interest per annum from date of claim petition till realization, to be deposited by the second respondent insurance company within two months.

Priya Jogi Vs Mrs Sangitha Sanjay Sarnik — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:12804 MFA No. 4978 of 2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI

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MISCELLANEOUS FIRST APPEAL NO. 4978 OF 2015 (MV-I)

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BETWEEN:

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PRIYA JOGI

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D/O RAGHAVA PURUSHA, AGED ABOUT 24 YEARS, R/AT R K NIULAYA, MANJADKA, 1^ST CROSS, MANGALORE.

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…APPELLANT

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(BY SRI. MANOHAR.K.M., ADVOCATE FOR SRI. KRISHNA MOORTHY.D., ADVOCATE)

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AND:

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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MRS. SANGITHA SANJAY SARNIK, AGED ABOUT 35 YEARS, RES/AT. NO. 383/6/4, KUTKERMAL, RAJARAMPURI, KOLLAPUR, MAHARASTRA - 416 001.

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THE UNITED INSURANCE COMPANY LTD., HEAD OFFICE-24, WHITE ROAD, CHENNAI ITS DIVISION OFFICE AT MANGALORE, RAMABHAVAN, COMPLEX, KODIALBAIL, MANGALORE.

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…RESPONDENTS

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(BY SRI. S.KRISHNA KISHORE., ADVOCATE FOR R2; NOTICE TO R1-DISPENSED WITH V/O DATED: 04.12.2017)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED: 23.10.2014

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2 - NC: 2024:KHC:12804 MFA No. 4978 of 2015

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PASSED IN MVC NO.320/2013 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, MACT, MANGALORE, D.K. THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Sri.Manohar.K.M., learned counsel on behalf of Sri.Krishna Moorthy.D., for the appellant has appeared in person.

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Though the appeal is listed today for admission, it is

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heard finally.

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The claimant has preferred the captioned appeal seeking enhancement of the compensation.

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Learned counsel for the respective parties have urged several contentions. Heard, the contentions urged on behalf of the respective parties and perused the appeal papers and also the records with utmost care.

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The point that would arise for consideration is whether the Claimant is entitled for enhanced compensation.

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The Claimant's appeal is one for enhancement of compensation. The grounds urged in the present appeal are

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3 - NC: 2024:KHC:12804 MFA No. 4978 of 2015

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mainly relating to the meager compensation awarded under different heads by the Tribunal. The Claimant has suffered pain and agony owing to the injuries sustained in the accident in question.

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The compensation of Rs.55,000/- (Rupees Fifty Five Thousand only) towards Pain and Sufferings; Rs.32,317/(Rupees Thirty Two Thousand Three Hundred and Seventeen only) towards Attendant charges, food and extra nourishing & Conveyance etc., and Rs.76,000/- (Rupees Seventy Six Thousand only) towards Medical expenses remains intact.

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It is noticed that the Tribunal has awarded compensation of Rs.27,540/ (Rupees Twenty Seven Thousand Five Hundred and Forty only) towards Loss of future earning due to disability. It is contended that the claimant was working as a dance teacher. However, there is no proof of income. In the absence of any proof of income, the chart prepared by the Legal Service Authority must be taken into consideration. As per the chart, if the accident is occurred in the year 2012, the salary of the injured must be taken as Rs.7,000/- (Rupees Seven Thousand

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4 - NC: 2024:KHC:12804 MFA No. 4978 of 2015

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only) per month. The age of the claimant was 24 years as on the date of accident, hence the multiplier 18 is to be adopted.

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At the time of calculation, learned counsel for the claimant submits that the Tribunal has taken the disability as 3%. Hence, same may be taken into consideration in this appeal also. Therefore, the amount towards loss of future earning due to disability is calculated as under:

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Rs.7,000/- X 12 X 18 X 3/100 = Rs.45,360/-.

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This Court deems it appropriate to award Rs.21,000/(Rupees Twenty One Thousand only) towards Loss of income during laid up period as against Rs.16,050/- (Rupees Sixteen Thousand and Fifty only).

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It is noticed that the Tribunal has not awarded compensation towards loss of amenities. Therefore, this Court deems it appropriate to award Rs.15,000/- (Rupees Fifteen Thousand only) towards Loss of amenities.

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Accordingly, this Court re-determines the

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compensation as under:-

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5 - NC: 2024:KHC:12804 MFA No. 4978 of 2015

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1.	Pain and Sufferings 55,000	Rs.55,000/-
2.	Attendant charges, food and extra nourishing & conveyance etc., 32,317	Rs.32,317/-
3.	Medical Expenses 76,000	Rs.76,000/-
4.	Loss of future income due to disability 7,000 x 12 x 18 x 3/100 45,360	Rs.45,360/-
5.	Loss of income during laid up period 7,000 X 3	Rs.21,000/-
6.	Loss of amenities 15,000	Rs.15,000/-
	Total:	Rs.2,44,677/-
	(Less) Compensation awarded by the Tribunal:	- Rs.2,06,907/-
	Enhanced compensation awarded by this Court:	Rs.37,770/-

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8. Hence, the following:

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ORDER

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The Miscellaneous First appeal is allowed and the Judgment dated:23.10.2014 passed by the MACT & II Addl. Senior Civil Judge, Mangalore, D.K in M.V.C No.320/2013 is modified to the extent stated hereinabove.

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6 - NC: 2024:KHC:12804 MFA No. 4978 of 2015

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The claimant is entitled for the enhanced

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compensation of Rs.37,700/- (Rupees Thirty Seven Thousand Seven Hundred only) with 6% interest per annum from the date of the claim petition till the date of realization.

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The second respondent Insurance Company shall deposit the enhanced compensation amount along with 6% interest within a period of two months from the date of receipt of the certified copy of this Judgment.

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Needless to observe that the claimant is

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not entitled for the interest for delay period.

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The Registry to draw the modified award

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accordingly.

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Sd/JUDGE

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TKN List No.: 1 Sl No.: 17

Priya Jogi v. Mrs Sangitha Sanjay Sarnik

Case brief

What is this about?

What did the court decide?

Priya Jogi v. Mrs Sangitha Sanjay Sarnik

Case brief

What is this about?

What did the court decide?

What the court decided

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